Mental Health Act 1983

Section 148.

SCHEDULE 4 E+W Consequential Amendments

1 In the M1 Fines and Recoveries Act 1833—

(a) in section 33 for the words “the M2 Mental Health Act 1959” and “Part VIII” there shall be substituted respectively the words “ the Mental Health Act 1983 ”and “ Part VII ”;

(b) in sections 48 and 49 for the references to the judge having jurisdiction under Part VIII of the Mental Health Act 1959 there shall be substituted references to the judge having jurisdiction under Part VII of this Act.

Marginal Citations

M1 1833 c. 74.

M2 1959 c. 72.

2 In section 68 of the M3 Improvement of Land Act 1864 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

Marginal Citations

M3 1864 c. 114.

3 E+W In section 10(3) of the M4 Colonial Prisoners Removal Act 1884 for the words “section seventy-one of the Mental Health Act 1959”, “section seventy-two” and “section seventy-four” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ”, “ section 47 ”and “ section 49 ”.

Marginal Citations

M4 1884 c. 31.

4 In the M5 Trustee Act 1925—

(a) in section 36(9) for the words “the Mental Health Act 1959” and “Part VIII of the Mental Health Act 1959” there shall be substituted respectively the words “ the Mental Health Act 1983 ”and “ Part VII of the Mental Health Act 1983 ”;

(b) in section 41(1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

(c) in section 54—

(i) in subsection (1) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”; and

(ii) in subsection (3) for the words “section one hundred and one of the Mental Health Act 1959” and “exercisable and have been exercised under section one hundred and four” there shall be substituted respectively the words “ section 94 of the Mental Health Act 1983 ”and “ exercisable under section 98 of that Act and have been exercised under that section or section 104 of the Mental Health Act 1959 ”;

(d) in section 55 except so far as it applies to existing orders made before the commencement of this Act, for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

Marginal Citations

M5 1925 c. 19.

5 In the M6 Law of Property Act 1925—

(a) in section 22(1) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ; ”

(b) in section 205(1)(xiii) for the words “section four of the Mental Health Act 1959” and “Part VIII” there shall be substituted respectively the words “ section 1 of the Mental Health Act 1983 ”and “ Part VIII of the Mental Health Act 1959 or Part VII of the said Act of 1983 . ”

Marginal Citations

M6 1925 c. 20.

6 In section 111 of the M7 Land Registration Act 1925—

(a) in subsection (5) for the words “the Mental Health Act 1959” and “Part VIII of the Mental Health Act 1959” there shall be substituted respectively the words “ the Mental Health Act 1983 ”and “ Part VII of the Mental Health Act 1983 ”; and

(b) in subsection (6) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

Marginal Citations

M7 1925 c. 21.

7 In paragraph (ii) of the proviso to section 41(1) of the M8 Administration of Estates Act 1925 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

Marginal Citations

M8 1925 c. 23.

8 E+W In sections 4(1) and 11(3)(b) of the M9 Polish Resettlement Act 1947 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

Marginal Citations

M9 1947 c. 19.

9 In section 1(4) of the M10 U.S.A. Veterans’ Pensions (Administration) Act 1949 after the words “curator bonis” there shall be inserted the words “ or for whom a receiver has been appointed under section 105 of the Mental Health Act 1959 or section 99 of the Mental Health Act 1983 ”.

Marginal Citations

M10 1949 c. 45.

10 E+W In section 116(7) of the M11 Army Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ”and “ within the meaning of the Mental Health Act 1983 ”.

Marginal Citations

M11 1955 c. 18.

11 E+W In section 116(7) of the M12 Air Force Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ” and “ within the meaning of the Mental Health Act 1983 ”.

Marginal Citations

M12 1955 c. 19.

F1 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 para. 12 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

13 E+W In section 71(6) of the M13 Naval Discipline Act 1957 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ” and “ within the meaning of the Mental Health Act 1983 ”.

Marginal Citations

M13 1957 c. 53.

14 In section 1 of the M14 Variation of Trusts Act 1958—

(a) in subsection (3) for the words “Part VIII of the Mental Health Act 1959” and “the said Part VIII” there shall be substituted respectively the words “ Part VII of the Mental Health Act 1983 ” and “ the said Part VII ”; and

(b) in subsection (6) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

Marginal Citations

M14 1958 c. 53.

15 In section 128(1)(b) of the M15 Mental Health Act 1959 for the words “this Act” in both places where they occur there shall be substituted the words “ the Mental Health Act 1983 ”.

Marginal Citations

M15 1959 c. 72.

16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Sch. 4 para. 16 repealed by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), s. 127(2), Sch. 5

17 E+W In section 5 of the M16 Administration of Justice Act 1960—

(a) in subsection (4) for the words “Part V of the Mental Health Act 1959” and the words “the said Part V” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38) ” and “ the said Part III ”; and

(b) in subsection (4A) for the words “section 31 of the Mental Health (Amendment) Act 1982”, “Part V of the said Act of 1959” and “the said section 31” there shall be substituted respectively “ section 38 of the Mental Health Act 1983 ”, “ Part III of the said Act of 1983 ” and “ the said section 38 ”.

Marginal Citations

M16 1960 c. 65.

18 E+W In the M17 Criminal Procedure (Insanity) Act 1964—

(a) in section 8(2) for the words “the Mental Health Act 1959”, “Part V” and “sections 139 to 141” there shall be substituted respectively the words “ the Mental Health Act 1983 ”, “ Part III ” and “ sections 137 to 139 ”;

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 4 para. 18(b) repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch.4 (with saving in s. 8); S.I. 1991/2488, art. 2

Marginal Citations

M17 1964 c. 84.

19 In section 18 of the M18 Administration of Justice Act 1965 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

Marginal Citations

M18 1965 c. 2.

20 In paragraph 1(2)(b) of Schedule 1 to the M19 Compulsory Purchase Act 1965 at the end there shall be inserted the words “ or section 98 of the Mental Health Act 1983 ”.

Marginal Citations

M19 1965 c. 56.

21 E+W In the M20 Criminal Justice Act 1967—

(a) in section 72(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959 or section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 18, 38(7) or 138 of the Mental Health Act 1983 ”;

(b) in section 72(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively the words “ Section 137 of the Mental Health Act 1983 ” and “ the said Act of 1983 ”;

(c) in section 72(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”, “ section 38 of the said Act of 1983 ” and “ Part III of the said Act of 1983 ”.

Marginal Citations

M20 1967 c. 80.

22 In section 26(2) of the M21 Leasehold Reform Act 1967 for the words “the Mental Health Act 1959”, “appointed under Part VIII of that Act” and “having jurisdiction under Part VIII of that Act” there shall be substituted respectively the words “ Mental Health Act 1983 ”, “ appointed under Part VII of the said Act of 1983 or Part VIII of the Mental Health Act 1959 ” and “ having jurisdiction under Part VII of the said Act of 1983 ”.

Marginal Citations

M21 1967 c. 88.

23 In the M22 Criminal Appeal Act 1968—

F4 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in section 8(3) after the words “Part V of the Mental Health Act 1959” there shall be inserted the words “ or under Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38 of that Act) ”;

(c) in section 8(3A)—

(i) for the words “section 30 of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 36 of the Mental Health Act 1983 ”;

(ii) for the words “section 31 of that Act” there shall be substituted the words “ section 38 of that Act ”; and

(iii) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of that Act ”;

(d) in section 11—

(i) in subsection (5) for the words “the Mental Health (Amendment) Act 1982” there shall be substituted the words “ the Mental Health Act 1983 ”; and

(ii) in subsection (6)(b) for the words “section 31(8) of the said Act of 1982” there shall be substituted the words “ section 38(7) of the said Act of 1983 ”.

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) in section 37(4) for the words “Part V of the Mental Health Act 1959” and “the Mental Health Act 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act) ” and “ the Mental Health Act 1983 ”;

(h) in section 37(4A) for the words “section 30 of the Mental Health (Amendment) Act 1982”, “section 31” and “Part V of the said Act of 1959” wherever they occur there shall be substituted respectively the words “ section 36 of the Mental Health Act 1983 ”, “ section 38 ” and “ Part III of the said Act of 1983 ”;

(i) in section 50(1), for the words from “Part V” to “1982” there shall be substituted the words “ Part III of the Mental Health Act 1983, with or without a restriction order, and an interim hospital order under that Part ”;

(j) in section 51(2) for the words “section 147(1) of the Mental Health Act 1959” there shall be substituted the words “ section 145(1) of the Mental Health Act 1983 ”;

F4 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(n) in Schedule 3—

(i) in the heading to the Schedule for the words “PART V OF MENTAL HEALTH ACT 1959” there shall be substituted the words “ PART III OF MENTAL HEALTH ACT 1983 ”; and

(ii) for paragraph 2 there shall be substituted—

“2 Order for continued detention under Act of 1983

Where an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1983, Part III of that Act (patients concerned in criminal proceedings or under sentence) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.”

Textual Amendments

F4 Sch. 4 para. 23 (a)(e)(f)(k)-(m) repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch.4 (with saving in s. 8); S.I. 1991/2488, art. 2

Marginal Citations

M22 1968 c. 19.

24 E+W In the M23 Courts-Martial (Appeals) Act 1968—

(a) in sections 20(4) and 43(4) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”;

(b) in section 23, in subsection (1) for the words “section 71 of the Mental Health Act 1959” there shall be substituted the words “ section 46 of the Mental Health Act 1983 ” and in subsection (2) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

(c) in section 25(4) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

Marginal Citations

M23 1968 c. 20.

25 In section 21(4) of the M24 Family Law Reform Act 1969 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

Marginal Citations

M24 1969 c. 46.

26 E+W In the M25 Children and Young Persons Act 1969— F5

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) in section 12(4) for the words “section 28 of the Mental Health Act 1959”, “Part V” and “the said Act of 1959” there shall be substituted respectively the words “ section 12 of the Mental Health Act 1983 ”, “ Part III ” and “ the said Act of 1983 ”;

(e) in paragraph 7(7) of Schedule 4 for the words from the beginning to “1959” there shall be substituted the words “ A restriction direction which was given under section 49 of the Mental Health Act 1983 ”.

Textual Amendments

F5 Sch. 4 para. 26(a)–(c) repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Marginal Citations

M25 1969 c. 54.

27 E+W In Schedule 1 to the M26 Local Authorities Social Services Act 1970—

(a) in the entry relating to the Mental Health Act 1959, in the first column for the words “Parts II to VI and IX” there shall be substituted the words “ sections 8 and 9 ” and for the entry in the second column there shall be substituted the words “ Welfare and accommodation of mentally disordered persons. ”;

(b) there shall be inserted at the end—

“Mental Health Act 1983 (c. 20)
Parts II, III and VI	Welfare of the mentally disordered; guardianship of persons suffering from mental disorder including such persons removed to England and Wales from Scotland or Northern Ireland; exercise of functions of nearest relative of person so suffering.
Sections 66, 67, 69(1)	Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals.
Section 114	Appointment of approved social workers.
Section 115	Entry and inspection.
Section 116	Welfare of certain hospital patients.
Section 117	After-care of detained patients.
Section 130	Prosecutions.”;

(c) the entry relating to the M27 Mental Health (Amendment) Act 1982 shall cease to have effect.

Marginal Citations

M26 1970 c. 42.

M27 1982 c. 51.

28 E+W In section 57(1) of the M28 Courts Act 1971 for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

Marginal Citations

M28 1971 c. 23.

F6 29 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 4 para. 29 repealed (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt.I.

30 In section 30(2) of the M29 Immigration Act 1971 for the words from the beginning to “1960)” there shall be substituted the words “ Under section 82 of the Mental Health (Scotland) Act 1960 ” and the words from “and accordingly” onwards shall be omitted.

Marginal Citations

M29 1971 c. 77.

31 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 4 para. 31 repealed by Parliamentary and other Pensions Act 1987 (c. 45, SIF 89), s. 6, Sch. 4

32 In section 118 of the M30 Local Government Act 1972—

(a) in subsection (1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”; and

(b) in subsection (4) for the words “Part VIII of the said Act of 1959” there shall be substituted the words “ Part VII of the said Act of 1983 ”.

Marginal Citations

M30 1972 c. 70.

33 In the M31 Costs in Criminal Cases Act 1973—

(a) in section 3(7) for the words from “under Part V” to “1982” there shall be substituted the words “ and an interim hospital order under Part III of the Mental Health Act 1983 ”; and

(b) in section 18(1)(c) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

Marginal Citations

M31 1973 c. 14.

34 E+W In section 12(d) of the M32 Matrimonial Causes Act 1973 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

Marginal Citations

M32 1973 c. 18.

F8 35 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 4 para. 35 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

36 In section 3 of the M33 Powers of Criminal Courts Act 1973—

(a) in subsection (1) for the words “section 28 of the Mental Health Act 1959” and “Part V of that Act” there shall be substituted respectively the words “ section 12 of the Mental Health Act 1983 ” and “ Part III of that Act ”;

(b) in subsection (2) for the words “hospital or mental nursing home within the meaning of the Mental Health Act 1959” and “that Act” there shall be substituted respectively the words “ hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the Nursing Homes Act 1975 ” and “ the National Health Service Act 1977 ”; and

(c) in subsection (7) for the words “Subsections (2) and (3) of section 62 of the Mental Health Act 1959” and “section 60(1)(a)” there shall be substituted respectively the words “ Subsections (2) and (3) of section 54 of the Mental Health Act 1983 ” and “ section 37(2)(a) ”.

Marginal Citations

M33 1973 c. 62.

37 In Group D in Schedule 1 to the M34 Juries Act 1974 for the words “section 33 of the Mental Health Act 1959”, “Part VIII of that Act” and “the said Act of 1959” there shall be substituted respectively the words “ section 7 of the Mental Health Act 1983 ”, “ Part VII of that Act ” and “ the said Act of 1983 ”.

Marginal Citations

M34 1974 c. 23.

38 In the M35 Solicitors Act 1974—

(a) in section 12(1)(j) for the words “section 101 of the Mental Health Act 1959” and “section 104 of that Act” there shall be substituted respectively the words “ section 94 of the Mental Health Act 1983 ” and “ section 104 of the Mental Health Act 1959 or section 98 of the said Act of 1983 ”;

(b) in section 62(4)(c) for the words “under Part VIII of the Mental Health Act 1959” there shall be substituted the words “ appointed under Part VII of the Mental Health Act 1983 ”;

(c) in paragraph 1(1)(f) of Schedule 1 for the words “section 104 (emergency powers) or 105 (appointment of receiver) of the Mental Health Act 1959” there shall be substituted the words “ section 104 of the Mental Health Act 1959 or section 98 of the Mental Health Act 1983 (emergency powers) or section 105 of the said Act of 1959 or section 99 of the said Act of 1983 (appointment of receiver) ”.

Marginal Citations

M35 1974 c. 47.

39 E+W In section 5(7) of the M36 Rehabilitation of Offenders Act 1974 for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

Marginal Citations

M36 1974 c. 53.

40 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 4 para. 40 repealed by Capital Transfer Tax Act 1984 (c. 51, SIF 65), ss. 274, 277, Schs. 7, 9

41 E+W In the M37 Criminal Procedure (Scotland) Act 1975—

(a) in sections 13(1)(b) and 322(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959, section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 18, 38(7) or 138 of the Mental Health Act 1983 ”;

(b) in sections 13(3) and 322(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively “ Section 137 of the Mental Health Act 1983 ” and “ the said Act of 1983 ”;

(c) in sections 13(4) and 322(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”, “ section 38 of the said Act of 1983 ” and “ Part III of the said Act of 1983 ”.

Marginal Citations

M37 1975 c. 21.

42 E+W In Part II of Schedule 1 to the M38 House of Commons Disqualification Act 1975 in the entry relating to Mental Health Review Tribunals for the words “constituted under the Mental Health Act 1959” there shall be substituted the words “ constituted or having effect as if constituted under the Mental Health Act 1983 ”.

Marginal Citations

M38 1975 c. 24.

43 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 4 para. 43 repealed by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3

F11 44 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 4 para. 44 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch. 15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

45 In section 32(6)(c) of the M39 Adoption Act 1976 for the words “the Mental Health Act 1959 or the Mental Health (Amendment) Act 1982” there shall be substituted the words “the Mental Health Act 1983”.

Marginal Citations

M39 1976 c. 36.

46 E+W In section 3(6B) of the M40 Bail Act 1976 for the words “section 28 of the Mental Health Act 1959” there shall be substituted the words “ section 12 of the Mental Health Act 1983 ”.

Marginal Citations

M40 1976 c. 63.

47 In the M41 National Health Service Act 1977—

(a) in section 4 for the words “the Mental Health Act 1959 or the Mental Health (Amendment) Act 1982” there shall be substituted the words “the Mental Health Act 1983”;

(b) in section 105(1) for the words “Part IV of the Mental Health Act 1959” there shall be substituted the words “Part II of the Mental Health Act 1983”;

(c) in section 105(3) the words “or the Mental Health Act 1959” shall be omitted;

(d) in section 128(1), in the definition of “illness”, for the words “the Mental Health Act 1959” there shall be substituted the words “the Mental Health Act 1983”;

(e) in paragraph 2 of Schedule 8—

(i) for sub-paragraph (1)(d) there shall be substituted—

“(d) for the exercise of the functions of the authority in respect of persons suffering from mental disorder who are received into guardianship under Part II or III of the Mental Health Act 1983 (whether the guardianship of the local social services authority or of other persons).”;

(ii)

in sub-paragraph (2)(b)(i) for the words “the Mental Health Act 1959” there shall be substituted the words “the Mental Health Act 1983”; and

(iii)

in sub-paragraph (3) for the words “that Act of 1959” there shall be substituted the words “that Act of 1983”;

(f) in paragraph 13(1)(b) of Schedule 14 for the words “80 to 83, 86 to 91, 93 and 96” there shall be substituted “80 to 82, 96”.

Marginal Citations

M41 1977 c. 49.

48 E+W In section 16A(1)(b)(ii) of the M42 National Health Service (Scotland) Act 1978 for the words “section 10 of the Mental Health Act 1959” there shall be substituted the words “ section 116 of the Mental Health Act 1983 ”.

Marginal Citations

M42 1978 c. 29.

F12 49 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Sch. 4 para. 49 repealed (6.3.1992 with effect as mentioned in s. 289(1)(2) of the repealing Act) by Taxation of Chargeable Gains Act 1992 (c. 12), ss. 289, 290, Sch.12 (with s. 201(3), Sch. 11 paras. 20, 22, 26(2), 27)

F13 50 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 4 para. 50 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

F14 51 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 4 para. 51 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

52 In the M43 Residential Homes Act 1980—

(a) in section 1(3)(a) for the words “section 147(1) of the Mental Health Act 1959” there shall be substituted the words “ section 145(1) of the Mental Health Act 1983 ”; and

(b) in section 10(1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

Marginal Citations

M43 1980 c. 7.

53 In paragraph 2(a) of Schedule 2 to the M44 Reserve Forces Act 1980 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

Marginal Citations

M44 1980 c. 9.

54 In section 31(2)(c) of the M45 Transport Act 1980 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

Marginal Citations

M45 1980 c. 34.

55 In section 38 of the M46 Limitation Act 1980—

(a) in subsection (3) for the words “Mental Health Act 1959” there shall be substituted the words “ Mental Health Act 1983 ”; and

(b) in subsection (4)—

(i) in paragraph (a), for the words “the Mental Health Act 1959 or section 30 or 31 of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ the Mental Health Act 1983 (otherwise than by virtue of section 35 or 89) ”; and

(ii) for paragraph (b) there shall be substituted—

“(b) while he is receiving treatment as an in-patient in any hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the M47 Nursing Homes Act 1975 without being liable to be detained under the said Act of 1983 (otherwise than by virtue of section 35 or 89), being treatment which follows without any interval a period during which he was liable to be detained or subject to guardianship under the Mental Health Act 1959, or the said Act of 1983 (otherwise than by virtue of section 35 or 89) or by virtue of any enactment repealed or excluded by the Mental Health Act 1959”.

Marginal Citations

M46 1980 c. 58.

M47 1975 c. 37.

56 In section 57(2)(c) of the M48 Public Passenger Vehicles Act 1981 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

Marginal Citations

M48 1981 c. 14.

57 E+W In the M49 Contempt of Court Act 1981—

(a) in section 14(4) for the words “section 60 of the Mental Health Act 1959” and “section 31 of the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “ section 37 of the Mental Health Act 1983 ” and “ section 38 of that Act ”; and

(b) in section 14(4A) for the words “section 29 of the said Act of 1982” there shall be substituted the words “ section 35 of the said Act of 1983 ”.

(c) in paragraph 10(b) of Schedule 1 for the words “paragraph (b) of subsection (2) of section 76 of the Mental Health Act 1959” there shall be substituted the words “ section 51(5) of the Mental Health Act 1983 ”.

Marginal Citations

M49 1981 c. 49.

58 In the M50 Supreme Court Act 1981—

(a) in section 48(6)(a) for the words “Part V of the Mental Health Act 1959” and “the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”; and “ that Act ”;

(b) in section 48(7) for the words “the said Act of 1982” there shall be substituted the words “ the said Act of 1983 ”; and

(c) in section 48(8)(b) for the words “section 31(8) of the said Act of 1982” there shall be substituted the words “ section 38(7) of the said Act of 1983 ”.

Marginal Citations

M50 1981 c. 54.

59 E+W In section 13(9) of the M51 Armed Forces Act 1981 or the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

Marginal Citations

M51 1981 c. 55.

60 E+W In paragraph 9 of Schedule 1 to the M52 British Nationality Act 1981—

(a) in sub-paragraph (1)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983” ”; and

(b) in sub-paragraph (2)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983” . ”

Marginal Citations

M52 1981 c. 61.

61 E+W In the M53 Mental Health (Amendment) Act 1982—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(b) in section 70(3) for the words “Section 154(2) of the principal Act” there shall be substituted the words “ Section 149(4) of the Mental Health Act 1983” ”.

Textual Amendments

F15 Sch. para. 61(a) repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. XIII

Marginal Citations

M53 1982 c. 51.